Changes to the Towing and
Booting Act passed by the 83rd Texas Legislature

1. What changes were made to the requirements
for a tow hearing?

A hearing may now be in any justice court in:

the county from which the
motor vehicle was towed; or

for booted vehicles, the county in which the parking facility is located.

The changes became effective
June 14, 2013.

2. What changes were made regarding the
notices about hearings provided to vehicle owners by towing companies/vehicle
storage facilities (VSFs)/booting companies?

Companies must provide notices to
vehicle owners that either list the name, address, and telephone number of
every justice court in the county from which the vehicle was towed or booted, OR the notice can list the Internet web site maintained by the Office of Court
Administration of the Texas Judicial System. This web site (http://card.txcourts.gov/DirectorySearch.aspx) allows
a vehicle owner to find the court information in the desired county.

Notices under Section 2308.454
must list the name, address, telephone number, and county of the
vehicle storage facility in which the vehicle was placed.

Licensing
and Registration Fees

1. Who must be licensed or have a permit?

Tow truck companies, tow truck
vehicles, and vehicle storage facilities must be licensed or have a permit. Tow
truck drivers, employees of vehicle storage facilities, booting companies, and
boot operators must also be licensed.

2. How much does it cost to register and
renew?

Type of
Registration

New
Application

Annual
Renewal

Late
Fees(1-90
days)

Late
Fees(91
days - 18 months)

Tow Truck Company

$350

$350

$525

$700

Tow Truck Permit (each truck)

$75

$75

$112.50

$150

Tow Truck Operator (driver)

$100

$100

$150

$200

Vehicle Storage Facility (VSF)

$250

$250

$375

$500

VSF Employee

$75

$75

$112.50

$150

Dual Tow Operator / VSF Emp.

$150

$150

$225

$300

Expedited Dual Tow Operator*

$75

$150

$225

$300

Booting Company

$250

$250

$375

$500

Boot Operator

$75

$75

$112.50

$150

Towing Operator Trainer

$25

n/a

n/a

n/a

**All fees are non-refundable**

*The Expedited Dual Tow
Operator license is available only to currently licensed tow operators in good
standing.

Each tow truck is required to
have a permit in one of the following areas:

Incident
Management (IM) Permit - Required for a tow truck used to perform
a non-consent tow initiated by a peace officer, or to perform a tow from a
traffic incident or accident. IM tow trucks may also perform Private Property
and Consent Tows.

Private
Property (PP) Permit - Required for a tow truck used to perform a non-consent tow
authorized by a parking facility owner. PP tow trucks may also do Consent Tows.

Consent
Tow (CT) Permit - Required for a tow truck used to perform a consent tow
authorized by the owner of the vehicle. CT tow trucks may only do Consent Tows.

4. What are the different types of licenses for tow truck operators
(drivers)?

All tow truck operators (drivers)
are required to have one of the following licenses:

Incident
Management (IM) License - Required to operate a tow truck with an
Incident Management Permit. A driver with an IM License may also operate a tow
truck with a Private Property Permit or Consent Tow Permit.

Private
Property (PP) License - Required to operate a tow truck with a Private Property
Permit. A driver with a PP License may also operate a truck with a Consent Tow
Permit but may not operate a truck with an IM Permit.

Consent
Tow (CT) License - Required to operate a tow truck that has a Consent Tow
Permit. A driver with a CP License may not operate a tow truck that has an IM
Permit or PP Permit.

Each of the above license types
can also be paired with a VSF Employee registration for a Dual Tow Operator/VSF
Employee License.

5. What are the different types of tows?

Incident
Management tow - Any tow of a vehicle in which the tow truck is summoned because
of a traffic accident or to an incident, or any tow initiated by law
enforcement.

Private
Property tow - Any tow of a vehicle authorized by the owner of a parking facility (for
example, an apartment building parking lot, restaurant, paid parking lot) without the consent of the owner or operator of the
vehicle.

Consent
Tow - Any tow of a motor vehicle in which the tow truck is summoned
by the owner or operator of the vehicle, or by a person who has possession,
custody, or control of the vehicle.

6. What are the
different equipment and insurance requirements for each tow truck?

To
renew an IM towing operator's license the first time, a licensee must complete
a professional development course relating to towing that meets the
requirements of Rule 86.250(j).

Consent
TowLicense must:

submit a completed application on a department-approved form;

hold a valid driver’s license issued by a state in the United
States;

pass a criminal background check; and

pay the fee required under §86.800.

Note: An
applicant for a CT License does not need to be certified by a program approved
by the department.

8. How do I get my tow company license, tow truck permit, and/or
vehicle storage facility license for the first time?

1) Request
a new account to be set up for online registration by calling (800) 803-9202 to
speak with a Customer Service Representative. A member of the Licensing Team
will contact you to set up your application over the phone, and provide you
with a certificate and PIN number. This certificate and PIN number will allow
you to complete the application online at
your convenience, and pay the registration fees by credit or debit card. Please
note that all fees are non-refundable.

2) Contact
your insurance company and provide them with your certificate number after your
application is completed and the fees are paid. They will file your insurance
information online with TDLR. As part of the application process, all
controlling persons of your company must successfully pass a criminal background check conducted
by TDLR.

3) You
will be able to print cab cards and/or your company license once your insurance
is active in our system.

9. How do I get my tow truck operator’s license and/or VSF employee
license for the first time?

You may also download and print a hard copy
application, and mail it in to TDLR with the appropriate fee. All applicants
must successfully pass a criminal background check conducted by TDLR before their license can be issued.

10. How do I apply for a Dual Operator/VSF Employee, Expedited Dual
Operator, or Tow Operator Training license?

Complete an application available
from our web site. All first-time applicants
must submit a paper application along with the required fee. Please note that
all fees are non-refundable.

Dual Operator/VSF Employee Application Fee: $150 - The Dual Operator/VSF Employee license is available for all
Incident Management, Private Property, and Consent Tow Operators who are also
Vehicle Storage Facility Employees. This license is offered as a convenience and
at a $25 discount for those that require both licenses. The requirements for
Dual Tow Operators are the same as they are for a regular Tow Operator license.

Expedited Dual Operator/VSF Employee
Application Fee: $75 - This license is only
available to Tow Operators or VSF Employees who currently hold a license in
good standing. Upon renewal, your license will be the same as a Dual
Operator/VSF Employee license, with the same on-time renewal fee of $150.

Tow Operator Training Application Fee: $25 - The Tow Operator Training License is available to those who
are engaged in the process of learning and assisting in the operation of a tow
truck under the supervision of a licensed tow truck operator. To be eligible,
you must hold a valid state driver’s license (U.S. only) and successfully pass
a criminal background check conducted by TDLR. The Tow Operator Training
license is only valid for 90 days from the date of issuance.

11. How do I get my booting company or boot operator license for the
first time?

For a booting company: submit
a paper application with certificate of insurance
and $250 registration fee. Include background information (Attachment A) for
all controlling persons.

For a boot operator: submit
a paper application with the $75 registration fee.

All booting company controlling
persons and boot operators must successfully pass a criminal background check conducted
by TDLR before a license will be issued. Please note that all fees are
non-refundable.

12. Do you take walk-in registration applications, and how long does
it take to process an application?

Yes, we accept walk-in
registration applications. A tow company or vehicle storage facility
application can be completed using the kiosk in our first floor lobby the same
day if you are paying by credit card, and will be active once your insurance
company files their information online and a criminal background check is
completed. Incomplete applications or applications that require an extensive
review of criminal background information may take longer.

All other paper applications
with check or money order can be brought to the lobby, but require a minimum of
three business days for processing, in addition to any time required for review
of criminal background information (if applicable).

Visit our lobby at 920 Colorado
St. (across the street from the Governor’s Mansion) in downtown Austin, Monday
through Friday from 8:00 a.m. to 5:00 p.m.

13. How do I check the status of my application?

You can check the status of
your Tow Company of VSF Company application using our online TOOLS system, or by calling Customer Service at (800) 803-9202. You must have a
certificate and PIN number to use the TOOLS system.

TDLR must review your criminal
history to determine if you are eligible to obtain or keep a license. Depending
on your criminal history, a review can take from one to six weeks to complete. Complete
this form only if you have been convicted of a felony or misdemeanor, other
than a minor traffic violation, or pleaded guilty or no contest (resulting in a
deferred adjudication) to any criminal offense. Be specific and provide exact
details. Attach a separate form for each crime. Questions regarding this
form may be addressed to TDLR’s Enforcement Division at enforcement@tdlr.texas.gov or by
phone at (512)539‐5600.

17. Where can I find a Disciplinary Action Questionnaire (DAQ)? Do I
have to include a DAQ with my application?

If you have had an occupational
license revoked, suspended, probated or denied in any state, county, or
municipality, TDLR must review your disciplinary action history to determine if
you are eligible to obtain a license. (This does not include revocation of a
driver’s license.) Please provide specific information and exact details.
Questions regarding this form may be addressed to TDLR’s Enforcement Division
at enforcement@tdlr.texas.gov or by
phone at (512) 463-2906.

18. Can I request a criminal history evaluation before I
apply?

Yes. You may request a
Criminal History Evaluation Letter (CHEL) by filling out a request form,
completing a criminal history questionnaire for
each crime for which you were convicted or placed on deferred adjudication, and
paying the $25.00 request fee. TDLR will not process a request form that is
submitted without a criminal history questionnaire attached, or submitted
without payment of the fee.

The request forms and more
information are available at the Criminal History Evaluation Letter section of our web site. Download the form for the specific license type for
which you are applying.

19. How do I request a duplicate license for a Tow Operator, VSF
Employee, Dual Operator, or Boot Operator?

Please send a written request,
including your full name, license number, and current address, with a
processing fee of $25 to:

Tow Companies: From
your TOOLS page, select “Update Form” from the
blue menu on the left side of the screen, and click “Change Address”. There is
a $25 processing fee for this service. You may change your address during
renewals for no charge.

If you mail in your changes,
please include your TDLR license or permit number, previous address and new
address, name of the person making the request, and a daytime phone number
where we can reach you.

Vehicle Storage Facility: A
Vehicle Storage Facility cannot change their physical address. Any change of
location requires a new license. To change the mailing address
only: from your TOOLS page, select “Update Form” from the blue menu on
the left side of the screen, then click “Change Address”. There is a $25
processing fee for this service. You may change your mailing address during
renewals for no charge.

Renewing a Permit or License

1. How do I renew my Tow Truck Company or Vehicle Storage Facility
license?

All licenses and permits must
be renewed annually, and tow truck companies and vehicle storage facilities can
be renewed quickly and easily online.

Tow truck companies may use the
online TOOLS system 24 hours a day, 7 days
a week to renew their company license and tow truck permits, and add or delete
tow trucks as needed.

Vehicle Storage Facilities also
use the online TOOLS system to renew their
licenses, or make changes to their information.

Please note: in order to renew,
you must have current, active insurance information filed in the TOOLS system
by your insurance underwriter. You cannot renew your license unless you
have active insurance on file. It is the responsibility of the licensee
to maintain current insurance information. Failure to renew on time due to
inactive insurance will result in late fee penalties (see #2 in Licensing and
Registration Fees for Renewal fees and Late fees).

In addition, all controlling
persons associated with the company must pass a criminal background check at
each renewal.

Prior to your first renewal,
Incident Management (IM) operators must complete a Professional Development
Course relating to towing that is licensed or certified by the National Safety
Council, or complete another course approved by TDLR. Private Property (PP) and
Consent Tow (CT) operators must complete a total of four (4) hours of continuing
education through TLDR-approved courses in order to renew their license.

If you choose not to renew
online, return the renewal postcard to TDLR to receive a paper renewal form.

3. How do I renew my Booting Company or Boot Operator license?

Booting Company –
Complete and return the renewal form which will be mailed to you approximately
60 days prior to your license expiration.

Boot Operator -
Licenses can be renewed using TDLR’s Online Licensing Services 24
hours a day, 7 days a week. You must complete a total of 2 hours of continuing
education through TDLR-approved courses. The continuing education hours must
include 1 hour in Texas law and rules that regulate the conduct of booting
operators, and 1 hour in any course in driver safety, booting techniques, equipment
operation and safety, and/or customer service and documentation.

If you choose not to renew
online, return the renewal postcard to TDLR to receive a paper renewal form.

4. How do I renew my Dual Tow Operator / VSF Employee license?

Dual Tow Operator/VSF Employee
licenses can be renewed using TDLR’s Online Licensing Services 24
hours a day, 7 days a week. Dual Tow Operators have the same continuing
education requirements as a regular Tow Operator – see #2 above.

If you choose not to renew
online, return the renewal postcard to TDLR to receive a paper renewal form.

5. If my license has been expired for more than 18 months, can I
still renew it?

If your license has been
expired for more than 18 months but less than 3 years, you may submit for
approval a written request stating the reason your license should be renewed or “Request to Executive Director for Expired Renewal” form with a
fee in the amount of two times the normal renewal fee.

If your license has been
expired for more than 3 years you may not renew your license. You must re-apply
for a new license.

You may be subject to
enforcement actions, including administrative penalties and sanctions, for
operating with an expired license (expired less than 18 months) or operating
without a license (expired 18 months or more).

Continuing Education and
Professional Development Courses

1. Do I have to take Continuing Education (CE) courses to renew my
Tow Truck operator license?

Yes. Private Property (PP) and Consent Tow (CT) operators must complete a total
of four (4) hours of continuing education (CE) through TDLR-approved courses to
renew their license.

Incident Management (IM) operators must complete an eight (8) hour professional
development course before renewing for the first time. After the first
renewal, IM operators must complete four (4) hours of continuing education (CE)
prior to each subsequent renewal.

2. What is a Professional Development Course?

The Professional Development
Course is a required course that IM operators must complete before they renew
their license for the first time. The course has at least 8 hours of training,
including:

3. Do I have to take Continuing Education (CE) courses to
renew my Dual Tow Truck Operator license?

Yes. The CE requirements for
all duel licenses are the same as their respective tow operator license
requirements. See answer #1 above.

4. When do I have to complete the Continuing Education (CE)
courses?

You must complete the CE
courses within the previous year of the license being renewed. For example, if
your license expires August 1, 2011, the CE courses must be completed between
August 1, 2010 and August 1, 2011.

For a late renewal, the courses
must have been completed within the one year period immediately prior to your
expiration date.

If you find that the hours for
your completed courses have not been reported, please contact the education
provider – it is their responsibility to report the hours to TDLR. If there is
a dispute and the reporting issue is not resolved, you may file a
complaint online.

5. How do I submit proof that I have completed a Professional
Development Course?

The information must be
submitted electronically by the education provider. If your information has not
been submitted to TDLR, you must contact the education provider. Do not
send your certificates or paperwork to TDLR.

6. Where can I check to see if my completed courses have been
reported?

7. I have a Consent Tow (CT) or Private Property (PP) operator
license. Do I need to take a Professional Development Course?

No, CT and PP operators are not
required to complete a Professional Development Course to renew their license.
CT and PP operators are only required to complete four hours of Continuing
Education for each renewal period.

8. Can the Continuing Education courses be completed online?

Yes, most of the education
providers offer online courses. The courses are self-paced, and can be
completed at your convenience.

9. Can the Professional Development Courses be completed online?

No. The Professional
Development Courses include live demonstration, hands-on training, and
classroom training. They must be completed in person.

10. Does my TDLR license renewal fee include the cost of Continuing
Education or Professional Development Courses?

No. The fees for the courses
are separate, and are established by and paid to the continuing education
provider, not to TDLR.

11. Do I have to take Continuing Education (CE) courses to renew my
Boot Operator license?

Yes, you must complete a total
of 2 hours of CE through TDLR-approved courses. The CE hours must include 1
hour in Texas law and rules that regulate the conduct of booting operators, and
1 hour in any course in driver safety, booting techniques, equipment operation
and safety, and/or customer service and documentation.

12. Are Continuing Education courses required in order to renew every
year?

Yes, this is an annual
requirement for all Tow Operators and Boot Operators.

Nonconsent Tow Fee Schedules

1. Do tow companies that perform nonconsent
tows have to submit a nonconsent tow fee schedule to vehicle storage
facilities?

Yes. In accordance with Texas Administrative Code §86.706(a),
“A towing company must provide its nonconsent towing fees schedule to all
vehicle storage facilities to which the towing company delivers vehicles for
storage.”

2. What should be listed on a nonconsent tow rate sheet sent to the
vehicle storage facility?

Clearly
separate and label fees charged in areas without a towing ordinance from
those fees that may be charged in political subdivisions (such as cities)
with towing ordinances;

If
you only perform one type of towing, you must label the fees on your
nonconsent tow fee schedule as either incident management or private
property;

For
incident management towing, only list fees directly related to towing a
vehicle; and

For
private property towing, you may only list light duty, medium duty, and
heavy duty tow fees and drop fees.

Private Property Towing Fees

1. Are there rules about the amount I can charge for a private
property tow?

Yes. A tow company performing
private property tows may not charge more than the private property statewide
maximum tow amounts.

2. What are the statewide maximum amounts for private property
tows?

For a Light Duty Private
Property Tow, the Maximum Tow Fee is $250 and the Maximum Drop Fee
is $125.

For a Medium Duty Private
Property Tow, the Maximum Tow Fee is $350 and the Maximum Drop Fee
is $175.

For a Heavy Duty Private
Property Tow, the Maximum Tow Fee is $450 per unit with a maximum $900 total. The maximum Drop Fee is $225 per unit and $450 in total.

3. Can a local community
establish lower private property tow fees?

Yes. Local municipalities or
counties can establish charges less than the statewide rates.

4.
How do I determine if a tow is Light Duty, Medium Duty, or Heavy Duty?

If the towed
vehicle is 10,000 lbs or less, it is a light duty tow.

If the towed
vehicle is between 10,001 and 24,999 lbs, it is a medium duty tow.

If the towed
vehicle is 25,000 lbs or more, it is a heavy duty tow.

Drop Fees

1. What is a drop fee?

A drop fee is a charge which
allows the vehicle operator to stop a private property tow without paying the
full tow fee. Charges may not be more than one half the maximum tow fee.

2. Do I have to offer to unhook the vehicle
for a drop fee, if the owner or operator arrives when the vehicle is in tow,
but before I've left the property?

Yes. If the vehicle is fully
hooked up and you are in transport, but you are still on the property, you are
required to tell the owner or operator that they may pay a drop fee and keep their
vehicle.

3. Do I have to offer to unhook the vehicle
for a drop fee if the owner or operator arrives after I've left the property
with the vehicle in tow?

No, once you are in transport
on a public roadway and off the private property, you may proceed to a licensed
vehicle storage facility.

4. What does the term "hooked up"
mean?

Hooked up means the vehicle is
fully prepared for transport by attachment to a tow truck, lifted in tow
position, with tow lights and safety chains attached and, if required, placed
on a dolly in a raised position and the only thing remaining is for the tow
operator to drive away.

5. What does the phrase vehicle owner or
representative "attempts to retrieve the motor vehicle" mean?

For purposes of paying the drop
charge, the terms vehicle owner or representative means any person who offers
to pay the drop charge to stop the tow. The phrase “attempt to retrieve the
motor vehicle” means any verbal request that a reasonable person would
understand to mean, "Do not tow my car."

6. What does the phrase "before its removal from the
property" mean?

The phrase "before its
removal from the property" means the tow truck and vehicle have not yet
entered a public roadway and is still on private property. Until the tow truck
enters a public street, road or highway, the vehicle owner or operator has an
absolute right to regain possession of the vehicle by payment of the drop
charge.

7. Can I charge a drop fee if the owner or operator arrives
to move the vehicle before I have it fully hooked up?

No, you may not charge a drop
fee. You must allow the owner or operator to move the vehicle.

8. Can I charge a drop fee if the owner or operator arrives after
the car is hooked up but before I've left the property or its parked location?

Yes. You must tell the owner or
operator that they can pay you on the spot to drop the vehicle.

9. What form of payment can an owner or
operator use to pay for a drop fee?

Periodic inspections occur at
least once every two years. TDLR may conduct additional risk-based inspections
if a company is found to be not in compliance with the law. TDLR may inspect a
vehicle, a facility, business records, or any other place or anything
reasonably required to determine compliance with the law. The company may be
required to pay for risk-based inspections.

2. Will a criminal conviction prevent me from getting a license?

Criminal convictions are
reviewed on a case-by-case basis. Licenses may be denied based on the nature of
the conviction and how long prior to the application the conviction occurred. See
our Criminal Conviction Guidelines for more information.

3. Can I have my criminal history checked before I apply for
a license?

3. How do I comply with the TDLR Model Policy, or join a drug
testing consortium?

By selecting the TDLR Model Policy on your application,
you are confirming that your company drug testing policy will follow these general
guidelines:

You
must require a pre-employment drug test for each towing operator or
employee.

You
must require an annual drug test for each towing operator or employee.

You
must randomly select at least 25% of towing operators or employees for
drug testing annually.

Employees must not engage in the manufacture, sale, distribution, use, or
unauthorized possession of illegal drugs at any time.

Employees must not take or be under the influence of any drugs, unless
prescribed by the employee's licensed physician.

If
an employee is convicted of violating a criminal drug statute, they must
inform their supervisor within five days of the conviction. If the
employee fails to notify the employer, the employee can be fired.

The
company must notify TDLR of the conviction (including pleas of guilty and nolo
contendere).

Before
taking a drug test, all employees must sign a drug testing procedures
consent form. This form is available on our web site at www.tdlr.texas.gov/towing/forms/drugtesting.pdf.
This consent form should be kept on company premises at all times. Do
not send this form to TDLR.

If you
are the sole employee at your own tow company, you are only subject to the
pre-employment drug screen and the annual drug screen.

Yes, the company must notify us within 3 days of receipt of a confirmed
positive test result. Fax a copy of confirmed results to (512) 463-2951. The
notification must include:

a) employee’s name;

b) employee’s license number;

c) date of the positive test;

d) substance detected by the drug test; and

e) disciplinary action imposed.

Please include a cover sheet
with your contact information.

6. Do I need to send TDLR negative test results?

No, do not send in negative
test results. Keep them for your records.

7. What happens if an employee or applicant tests positive for
illegal drugs?

Applicants
will be denied employment if they test positive on the pre-employment
test.

Once
a positive drug test result has been confirmed, employees must stop all
duties and may be subject to disciplinary action, up to and including
termination.

In
determining the appropriate disciplinary action, the company may consider
the employee’s work history, length of employment, current work
assignment, current job performance, and any past disciplinary actions.

No
disciplinary action may be taken against employees who voluntarily identify
themselves as drug users, obtain counseling, rehabilitation, and comply
with return-to-duty and follow-up drug testing.

8. What type of information do I need to give my employees about
drugs and drug testing?

Employers must display and
distribute the following information to their employees:

company
policy regarding the use of prohibited drugs and/or alcohol;

consequences
or disciplinary action that may be imposed for violating the drug policy;

informational
material on the physical and mental effects of drugs; and

an
existing community services hotline number, available drug counseling,
rehabilitation, and assistance program.

10. Can we file our own drug policy with TDLR?

Yes, you may submit your own
independent drug testing policy for our review and approval. An independent
policy must be at least as stringent as the TDLR Model Policy.

11. I own a tow company and a vehicle storage facility that is a
member of a TDLR-approved drug testing consortium. How many of my employees are
required to be randomly drug tested every year?

You must make sure that the
consortium performs random drug testing on at least 25% of all the tow
operators employed by or under contract with your tow company and 25% of all
the vehicle storage facility employees employed by or under contract with your
vehicle storage facility.

A vehicle storage facility must
accept at least one of the following forms of payment (in addition to
cash):

electronic check;

debit card, or

credit card.

In addition, a vehicle storage
facility must post a sign that reads:

“This vehicle storage facility
must accept payment by an electronic check, credit card, or debit card for any
fee or charge associated with delivery or storage of a vehicle.”

2. What fees can a VSF charge, and how much are those charges?

A VSF is allowed to collect fees for the towing of a vehicle, but only the fees that are directly related to the tow.

A VSF is allowed to charge a daily storage rate of $20/day for vehicles that are 25 feet in length or less, and $35/day for vehicles over 25 feet in length.

A VSF may charge a one-time $20 fee for the impoundment of a vehicle. This fee is for tarping and locking the vehicle if necessary, for running the motor vehicle registration, and/or for conducting an inventory and securing all unsecured property. (NOTE: A VSF is not required to do an inventory.)

A VSF may send a onetime fee of $50 for sending notification letters to the owners and all lienholders on the vehicle. The notification letter:

must be sent certified mail;

must be sent by the fifth day the vehicle is on the lot; and

cannot be sent until the vehicle is on the lot for at least 24 hours.

At this time, an environmental fee cannot be charged by a VSF.

A VSF may collect a governmental entity fee if required by the jurisdiction where the vehicle is stored.

No. A VSF operator may not charge any additional fees other than permissible towing fees and VSF charges. Currently, the only permissible VSF charges are a notification fee, an impound fee, a daily storage fee and in some locations, a governmental entity fee.

4. Can a VSF require a vehicle owner to pay a processing fee for a credit card?

No. A VSF must accept one form of electronic payment, and cannot pass the charge of taking that payment on to the vehicle owner.

5. What documents does a VSF need in order to release a vehicle?

In order to release a vehicle, the VSF must first be paid all fees associated with delivery or storage of the vehicle. Acceptable documents to release the vehicle include a valid state or federally issued I.D. (the identification can be from another country such as Mexico) and one of the following:

name and address information corresponding to that contained in the files of the Texas Department of Motor Vehicles;

current automobile lease or rental agreement executed by the operator of the vehicle or a person holding a power of attorney executed by the person named in the lease agreement;

appropriate identification of any state or federal law enforcement agency representative;

most recent version of a department-approved form or electronic version of a department-approved form published on the department's website, www.tdlr.texas.gov; which the VSF must make available to the vehicle owner or person seeking possession of or access to the vehicle; or

proof of financial responsibility (insurance card), as required by Transportation Code §601.051, as an additional form of identification that establishes ownership or right of possession or control of the vehicle.

If a VSF receives any one of these things, in addition to the valid state or federally issued ID, and receives payment of all fees, they must release the vehicle.

*NOTE: Certificate of title does not mean a title signed on the back or transferred over to the other person’s name.

6. Who can get access to the property in a vehicle located at a VSF? Can the VSF charge me for getting my own stuff?

Anyone claiming to be the owner or operator of a vehicle can have access to the property in a vehicle in order to obtain documentation that can be used to release the vehicle.

Anyone who can demonstrate that they are the owner or have a right to possess the vehicle, or are an authorized representative of the owner, may obtain possessions out of the vehicle.

A VSF may not charge to get possessions out of the vehicle for a vehicle stored without the owner’s consent.
NOTE: Repossession is a consent tow and consensual storage of a vehicle; TDLR does not have jurisdiction over the storage of these vehicles.

7. If a vehicle is put on hold at the time of tow and stays on hold while in my lot, who is responsible for the cost?

If a vehicle is placed on hold for evidentiary or examination purposes, the law enforcement agency that ordered the hold of the vehicle is responsible for the cost of towing and storage of the vehicle, up until the time the hold on the vehicle is removed. (See Article 18.23 of the Code of Criminal Procedure)

8. The person picking up the vehicle has one of the instruments of release and a valid state ID - am I required to make sure they also have valid insurance?

NO. If the person picking up the vehicle has an instrument of release and a federal or state issued ID, and pays all the charges, the VSF MUST release the vehicle.

9. The law enforcement agency in my county/city requires us to check that the person picking up the vehicle has insurance before we release the vehicle to them. What should I do?

If the person picking up the vehicle has an instrument of release and a federal or state issued ID, and pays all the charges, the VSF MUST release the vehicle regardless of any local requirement.

10. Can a VSF accept a release form if it is notarized in another
state or the notary information is on a separate document?

A VSF MUST accept a release
form even if it is notarized in another state or the notary seal and
affirmation statement is on a separate document. Documents notarized out of state
are valid and must be accepted by storage facilities for release of vehicles
even if the form or format of the notarization is different from the one
designed for use by Texas notaries.

Tow and/or Boot Company
Practices

1. I am a towing and/or booting company. Can I install the signs
prohibiting unauthorized vehicles required by Section 2308.301?

Yes. The Towing and Booting Act
states a parking facility owner may not receive financial gain from a towing or
booting company. However, the signs prohibiting unauthorized vehicles are not
considered a financial gain.

Unauthorized vehicles on homeowners’ property

1. Can a homeowner who charges a parking fee
have a vehicle towed that is parked illegally?

If the homeowner posts signs
that meet the requirements of Sec. 2308.252, then yes, the homeowner may have
an unauthorized vehicle towed from the home without notifying law enforcement.

2. I do not charge for parking in my driveway, but someone parked
in it without my permission. Can I have them towed or do I have to call the
police?

If a homeowner does not charge
to park vehicles on his or her property, then yes, under state law an
unauthorized vehicle may be towed from the property without having posted “no
parking” signs. However, since some cities also regulate the towing of
vehicles, you should also check with local authorities.

Information and Staying
Informed

1. How will I be notified of administrative rule changes?

The easiest way to stay
informed of rule changes and proposals for rule changes is to sign up for email updates. Rule
changes and proposals for rule changes are also published in the Texas
Register.